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PART I! <br />Page No. l9 <br />Permit No.: co-0044377 <br />14. Duration of Permit <br />• The duration of a permit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely and complete application <br />shall cause the expired permit to continue in force to the effective date of the new permit. "~he permit's duration may be extended <br />only through administrative extensions and not through interim modifications. <br />15. Section 3D7 Toxics <br />If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by regulation <br />pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and such standard or <br />prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division shall institute proceedings <br />to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. <br />16. AntibackslidinQ <br />a. A pemtit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8-503(I)(b) <br />• (BP.I) of the Water Quality Control Act, which are less stringent than the comparable effluent limitations or standards in thhe <br />previous permit, unless any one of the following exceptions is met and the conditions of paragraph (c) of this section are met: <br />i) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the <br />application of less stringent effluent limitations; or <br />ii) Information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or <br />test methods) and which would have justified the application of a less stringent effluent limitation or standard at the time of <br />permit issuance; or <br />iii) The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit, which <br />,justified relaxation of the effluent limitations or standards; or <br />iv) A less stringent effluent limitation or standard is necessary because of events over which the permittee has no control and <br />l'or which there is not reasonable available remedy; or <br />v) The permittee has received a permit variance; or <br />vi) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has <br />properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, <br />m which case, the limitations in the renewed, reissued, or modified permit may reflect the level of pollutant control actually <br />achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, <br />reissuance, or modification). <br />b. A ppe~rrmmit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2(6) or (c) of the <br />Colct'rado Discharge Permit System Regulations that are less stringent than the comparable effluent limitations in the previous <br />permit, unless any of the exceptions provided herein is met and the conditions of paragraph c. of this section are met. <br />i) In waters where the applicable water quality standard has not yet been attained, effluent limitations based on a total <br />maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all such <br />.revisions assures attainment of such water quality standard, or the designated use which is not being attained is removed in <br />accordance with Section 31.6 of the Basic Standards. <br />ii) In waters where the applicable water quality standard has been attained, effluent limitations based on a total maximum daily <br />load, other waste load allocation, or any other permitting standard (including any water quality standard) may be revised to <br />be less stringent if such revision is subject to and consistent with the antidegradation provisions of Section 31.8 of the Basic <br />Standards. Consistency with Section 31.8 shall be presumed if the waters in question have been designated by the <br />Commission as "use protected"; or . <br />iii) Whether or not the applicable water quality standard has been attained: <br />(A) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justified <br />the application of less stringent effluent limitations; or <br />(B) A less stringent effluent limitation is necessary because of events over which the permittee has no control and for which <br />there is not reasonable available remedy; or <br />(C) The permittee has received a permit variance; or <br />(D) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and <br />has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent <br />limitations, in which-case, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant <br />control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of <br />permit renewal, reissuance, or modification). <br />• c. In no event may a permit with respect to which paragraphs (a) and (b) of this section apply be renewed, reissued, or modified to. <br />contain an effluent limitation or standard which is less Stringent than required by.federa effluent guidelines in effect at the time. <br />the permit is renewed, reissued, or modified. In no event may such a permit to discharge into state waters be renewed; reissued, <br />or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of an <br />applicable water quality standard: <br />Revised Io/29/2008 <br />